FEBRUARY 8, 2010
AGENDA / REGULAR MEETING / 1

CALL TO ORDER

Agenda and Regular meeting of the Mayor and Borough Council held on Monday, February 8, 2010.

Mayor O’Brien opened the meeting at6:30 P.M. followed by a short prayer and salute to the flag.

STATEMENT OF NOTICE OF PUBLICATION

Clerk Farbaniec announced that this Agenda and Regular Meeting of the Mayor and Council being held on February 8, 2010 has been advertised and posted in accordance with Open Public Meetings Act Chapter 231, P.L. 1975 by advertising in the Home News Tribune, notifying the Star Ledger and the Sentinel Publishing Co., posting on the bulletin board and filing with the Municipal Clerk.

ROLL CALL

Roll Call: Councilperson Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz.

Absent: None

Others Present: Mayor O’Brien

Business Admin. Bertrand,

Municipal Clerk Farbaniec,

Borough Attorney Verrone,

Engineer Cornell.

C.F.O./Treasurer Kronowski,

Others Absent: None

OLD BUSINESS

ORDINANCES FOR DISCUSSION

Mayor asked if there were any questions or comments on the following Ordinances up for Public Hearing tonight:

  • Ordinances for Public Hearing

ORDINANCE # 113-10

ORDINANCE OF THE BOROUGH OF SAYREVILLE AUTHORIZING

THE ACCEPTANCE OF A DRAINAGE EASEMENT OVER AND

THROUGH PORTIONS OF LAND COMMONLY KNOWN AS

36 COYLE STREET IN THE BOROUGH OF SAYREVILLE,

MIDDLESEX COUNTY, STATE OF NEW JERSEY FROM MARIO PRETA

(Co. Perrette, Admin. & Finance Committee - Public Hearing February 8, 2010)

None

ORDINANCE #115-10

AN ORDINANCE AMENDING Section 62 of CHAPTER II,

Administration, of the revised general ordinances

of the borough of sayreville, new jersey,

to increase the membership of the

recreation advisory board

Co. Siarkiewicz, Recreation Committee - Public Hearing, February 8, 2010

None

ORDINANCE # 116-10

AN ORDINANCE AMENDING Article III of CHAPTER XXVI,

LAND DEVELOPMENT, OF THE REVISED GENERAL ORDINANCES

OF THE BOROUGH OF SAYREVILLE to create a

new Light Industrial/Business Service Overlay

Zone District.

(Bordentown Avenue)

(pLANNING & zONING cOMMITTEE - Public Hearing, February 8, 2010)

None

ORDINANCE #117-10

AN ORDINANCE TO SUPPLEMENT AND AMEND

CHAPTER XIV, “WATER & SEWER”, SECTION 16.1OF THE

REVISED GENERAL ORDINANCES OF THE BOROUGH OF SAYREVILLE,

1986, ASSUPPLEMENTED AND AMENDED

(WATER & SEWER COMMITTEE - Public Hearing, February 8, 2010)

None

  • Ordinances for Introduction:

Mayor asked the Business Admin. to give a brief description of the following ordinances being presented for introduction:

Business Admin. Bertrand explained Ordinance #118-10 and the two areas that this ordinance would be affecting.

ORDINANCE #118-10

(For Introduction tonight – Discussed on Jan. 25, 2010)

AN ORDINANCE AMENDING CHAPTER VII,“TRAFFIC,” SECTION 7-10.3 “RIGHT TURN ON RED PROHIBITION,” OF THE

REVISED GENERAL ORDINANCESOF THE BOROUGH OF SAYREVILLE

to AMENDTURN restrictionS AT CERTAIN INTERSECTIONS

ALONG WASHINGTON ROAD.

(Co. Eicher, Public Safety Committee)

ORDINANCE #119-10

(For Introduction tonight – Discussed on Jan. 25, 2010)

AN ORDINANCE AMENDING and supplementingCHAPTER VII,

“TRAFFIC,” SECTION 7-16.8,“Commuter Permit Only Parking Streets,”

and SECTION 7-25, “MUNICIPAL PARKING LOTS REGULATED,”

to revise certain provisions regulating

commuter parking within the Borough.

(Co. Eicher, Public Safety Committee)

b) ANY OTHER – (none).

COMMUNICATIONS & COMMITTEE REPORTS

  • ADMINISTRATION & FINANCE – Co. Perrette

#1) APPLICATION(S) FOR BINGO/RAFFLE LICENSES

a) Received from Our Lady of Victories HSA to conduct an Off-Premise Calendar Raffle on 12 various

dates from April –July, 2010. (RA: 1632).- a) Approve.

#2) APPLICATION FOR SPECIAL PERMIT FOR SOCIAL AFFAIR

a) Received from Our Lady of Victories, HSA to hold a Wine Tasting Fundraiser at Monsignor Dalton Hall, Main Street, Sayreville on April 24, 2010 from 7PM-10PM. - a) Approve.

#3) TWP. OF WAYNE, NJ

Requesting various municipalities support the Boy Scouts ofAmerica by acknowledging Scouting’s Centennial through the adoption of a Proclamation, Proclaiming the month of February 2010 as “Boy Scouts of America Centennial Month”. -Proclamation.

#4 DONNA M. BRODZINSKI, TAX COLLECTOR

Request for authorization to refund a portion of 2009 taxesdue to approval of a 100% Disabled Veteran TaxDeduction by the Tax Assessor, effective November 23, 2009. – Resolution

#5) THERESA A. FARBANIEC, RMC MUNICIPAL CLERK

Request for authorization to prepare a Resolution for theBorough of Sayreville to apply for a PARIS Grant through theCounty of Middlesex, Division of Archive and RecordsManagement Leveraging funds of up to $40,000. - Resolution.

REPORT OF CHAIR. - Councilman Perrette reported that the Admin. & Finance Committee met with the Business Admin. & C.F.O. this past week and that they have put together a preliminary budget for 2010. He stated that they are not within the CAP yet but they still have several weeks before it has to be presented to the State. He said they’re looking at various staffing patters to see what they could do through attrition and staff movement in order to fill spots that have been eliminated or vacancies in other departments, from directors down to temps. He commended Jeff and Wayne on their hard work holding the budget as close as possible to come within CAP, but they still have work to do on that.

  • PLANNING & ZONING – Co. Kaiserman

#6) MIDDLESEX REALTY GROUP, LLC

Request to release Letter of Credit #877-SB posted to cover site improvements. Claiming that all items have been completed except for one outstanding item. - Refer to Borough Engineer.

#7) SAYREVILLE OPEN SPACE COMMITTEE

Response to request of Gerald & Bonzena Nasce to purchase borough owned property known asBlock 3, Lot 116, David Street. Referred to Open Space Committee on Dec. 9, 2009.They responded that it is their recommendation not to sell (see response letter).

Discussion followed regarding the possible leasing of the property as opposed to the sale of the property, which the Open Space Committee did not recommend.

Councilman Kaiserman referred this question to the Business Admin.

Councilman Bella agreed with the proposed leasing of the property and that the requestor pays the legal fees and any cost associated with the lease. He stated that the lease figure be based upon the amount the borough would collect in property taxes.

Mayor asked the Borough Attorney for her comment.

Attorney Verrone stated that without knowing all of the details, if the borough wanted to lease there would be public bidding issues involved. Questioned if it would be feasible and mentioned that there would also be liability issues, but she would have to review the details.

Mayor asked that this be referred to the Borough Attorney for review and comment at the next meeting.

Co. Bella further commented that this land would not be used in the foreseeable future.To not allow the resident the use and require them to dismantle the bocce ball court,he cannot see anything come of it.

REPORT OF CHAIR. – Councilman Kaiserman reported at the past Planning Board meeting the Kaplan Group was required by the Planning Board to remain age restricted.

  • PUBLIC SAFETY – Co. Eicher

#8) ST. STANISLAUS KOSTKA CHURCH

Request to place carnival promotional banners ontelephone polls at the following locations:

  • Main St. & MacArthur Ave
  • Washington RdBissett St.
  • Washington Rd & Parkway overpass
  • Cheesequake Rd near Hercules Aqualon
  • Jernee Mill Rd. between Tech Ctr. & Starland Ballroom

NOTE: Need Council approval prior to requesting permission

from Verizon and JCP&L-Approved.

#8a) REQUEST TO SOLICIT (added item - Event is this weekend)

Received from Kelley Zimmer a Sayreville resident who attendsPenn State University, who is requesting permission to solicitfunds on behalf of Four Diamonds Fund and Penn State’s DanceMarathon known as THON on Washington Road & Ernston Road on Feb. 13 & 14. She states that the proceeds will help fightagainst pediatric cancer. - Approved.

Discussion followed regarding outside organizations being permitted to solicit in Sayreville.

Mayor asked the clerk to take a roll call on the approval of this request.

Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Mayor stated that moving forward the council would have a policy on the organizations soliciting in Sayreville and that they should only be Sayreville based non- profit groups.

He asked Council members Eicher, Kelly and Perrette to come up with a policy.

REPORT OF CHAIR. – Councilwoman Eicher questioned if the Planning Board meetings are televised.

Business Admin. stated that they are not yet televised.

Councilwoman Eicher announced contacting the Ethics Board regarding information she had heard about an incident that had happened at the last planning board meeting and hopes to have more information on this matter next week.

  • PUBLIC WORKS – Co. Kelly

REPORT OF CHAIR. – Councilman Kelly extended his gratitude on the job done by the Public Works Department during the last snow event.

  • WATER & SEWER – Co. Bella

REPORT OF CHAIR.- Councilman Bella commented and acknowledged an e-mail he and the council received from a residentregarding the water rate increase. He highlighted some of the points the resident had.

Councilman Bella then expressed his concerns about the movement of personnel from the Water & Sewer Department and that as the Liaison of the Water and Sewer Department he did not have any knowledge of. He said he is a strong advocate on saving save money where ever possible but should be made aware of issues in his department.

Business Admin. stated that back in December he had gone through a list of cost saving items and one of them was the movement of a clerical person from the Water Dept. to a clerical position in Finance. He said that this was also discussed during a meeting held with himself, Wayne, Co. Perrette, as well as he, Co. Bella.

Councilman Bella stated that he did recall position being moved to cover one in the finance office but doesn’t recall it being someone from the water dept.

Discussion on the topic continued.

Councilman Bella then brought up complaints from residents about a banging noise during the course of the night from about midnight till the wee hours of the morning.

Business Admin. stated that he has been working with the police department and found that it is an industrial park in Edison that is shooting off air cannons to scare away sea gulls. He said they have made phone calls working on getting the issue ceased.

Progress.

  • RECREATION – Co. Siarkiewicz

REPORT OF CHAIR. – Councilwoman gave condolences to Rec. Director Jerry Ust on the passing of his mother.

Progress.

  • MAYOR O’BRIEN

Mayor O’Brien also commended Bob Konen and his staff for having the snow removal process down to a science.

Councilman Kaiserman commented on what Councilwoman Eicher brought up earlier regarding statements that were made during the planning board meeting.

BUSINESS ADMINISTRATOR'S AGENDA/REPORT

Administration & Finance:

  1. Authorization to issue a Request for Proposals (RFP) for credit card processing services, including online payments, associated with Borough operations such as tax and water payments.

- Consent Agenda Resolution #2010-38.

  1. Authorization to retain Brown & Brown, an independent actuarial firm to prepare the necessary documents in connection with an anticipated tax refund for Medicare Part D expenses. The cost of the actuarial service shall not exceed $2,500.

Comments- Councilman Bella questioned how we came up with the firm of Brown and Brown and why we weren’t going out to bid.

Business Admin. Bertrand stated that Brown and Brown was recommended by our Health Benefit Broker, they are being awarded as a Professional Service, and they specialize in actuarial services. They advised us that we may be eligible for $40,000. They also provided us with some free actuarial reports under the GASBY requirements, and they said for $2,500. they could do the certification for us which will lead us into the receipt of the $40,000.

Councilman Kaiserman asked if we could send out an RFP just to see who else is out there or get another two or three quotes.

Business Admin. stated that he would discuss with Reliance, our Health Insurance Broker, as they may have actually done so already.

– Hold Over.

Public Works:

  1. Authorization to submit the application for the 2009 Recycling Tonnage Grant to the NJ Department of Environmental Protection.

- Consent Agenda Resolution #2010-39.

  1. Authorization to abandon the current bid process for the Mini-Excavator due to an irregularity and authorization to re-advertise with the appropriate amendment.

Comments – Councilman Bella questioned the cost, the need and the use of the excavator which were answered by the Business Admin.

Councilman Kaiserman asked what happened to the old equipment also answered by Business Admin. Bertrand.

- Consent Agenda Resolution #2010-40.

Recreation:

  1. Authorization to establish a “late pick-up” policy and associated fees for programs offered through the Recreation Department. The associated fees would be as follow:

1st occurrence: warning (no fee)

2nd occurrence: $30 for the first 30 minutes, $30 for any portion of each successive 30 minutes following.

3rd occurrence: removal from program

- Consent Agenda Resolution #2010-41.

Water & Sewer: none

Public Safety:

  1. Notification from the NJ Department of Environmental Protection regarding modifications to the National Flood Insurance Program and the need to update necessary Borough ordinance(s) in order continued participation. Draft ordinances need to be developed and forward to NJ DEP for review prior to introduction by the governing body.
  1. Authorization to enter into a Shared Service Agreement with South Amboy for the provision of Fire Official activities associated with fire investigations on an interim basis. This agreement will be in place until the full agreement regarding all Uniform Fire Code Services becomes effective. It is anticipated that agreement will begin on April 1, 2010.

- Consent Agenda Resolution #2010-42.

Planning & Zoning: none

Personnel: Items for Closes Session

  1. Police Department:

Authorization to hire two Part-Time Dispatchers in order to provide adequate coverage during vacations and peak periods.

  1. Department on Aging
  1. Notice of Retirement of Loretta Albin, Director effective July 1, 2010
  1. Authorization to hire three Omnibus Operators as a result of a NJ Civil Service Commission Certification for the following:
  • Two for the Commuter Shuttle
  • One for the Senior Shuttle
  1. Code Enforcement & Zoning
  1. Housing Inspector – Discussion on current Civil Service Certification
  • C.F.O. WAYNE A. KRONOWSKI

1) Transfer Resolution #2010-44

2) Approval of Bills #2010-43

  • BOROUGH ATTORNEY AGENDA/REPORT

No Items

  • BOROUGH ENGINEER AGENDA/REPORT

1. Ernston Road/North Ernston and Washington Road – No Turn on Red Engineering Study.

FOR YOUR INFORMATION

  • PLANNING & ZONING

SAYREVILLE PLANNING BOARD

Resolution(s) Memorialized on February 3, 2010.

a) Gerdau Ameristeel, Melt Shop Office PlanBlock 246, Lot 105, 1.06. 1.07. Minor Site Plan. - Receive & File.

NOTICE TO ADJACENT PROPERTY OWNERS

Notice of hearing before the Planning Board scheduled for February 17, 2010.

a) Application filed by Bedrock Concrete Corporationseeking preliminary and final site plan approval for premises known as Block 60.06, Lot 3, 701 Hartle St. seeking waivers for certain conditions. - Receive & File.

  • PUBLIC WORKS
  • PUBLIC SAFETY

SHRI DWARKADHISH TEMPLE

Events:

Feb. 27, 2010 – 4PM-10PM Bonfire Celebration

April 10, 2010- 1PM – 3:30 PM Parade – Washington Road.

  • RECREATION

MINUTESRec. & File

Board of Education-Regular Meeting, January 19, 2010

Board of Adjustment-December 9, 2009

Board of Health-January 7, 2010.

Environmental Commission-Sept. 1, Nov. 4 and , Dec. 1, 2009

Housing Authority-January 12, 2010

Sayreville Planning Board-January 6, 2010 & January 20, 2010

EXECUTIVE SESSION. –YES

Borough Attorney Verrone read the following Resolution into record:

RESOLUTION FOR CLOSED SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances, and

WHEREAS, this public body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Sayreville, County of Middlesex, State of New Jersey, as follows:

1. The public portion of this meeting is hereby adjourned in order that the Governing Body may meet in a closed, private session for approximately 5 minutes to discuss the following matters:

  • Personnel

2. Following the conclusion of said closed session, the Governing body shall reconvene the open portion of this meeting to consider any other matters which may be properly brought before it at this time.

3. The nature and content of discussion which occurs during closed session shall be made public at the time the need for non-disclosure no longer exists.

NOW, THEREFORE BE IT RESOLVED that the public be excluded and this resolution shall take effect immediately.

/s/ Councilwoman Paula Siarkiewicz

APPROVED:

/s/ Kennedy O’Brien, Mayor

Councilwoman Siarkiewicz moved the Executive Session Resolution be adopted on Roll Call Vote. Seconded by Councilman Kelly.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Time 7:13 P.M.

RECONVENE

Councilman Kelly moved to reconvene the meeting. Seconded by Councilman Perrette.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Time: 7:29 P.M.

Business Administrator Bertrand stated that as a result of the closed session the following people will be appointed to the following departments:

Personnel:

  1. Police Department
  1. Authorization to hire two Part-Time Dispatchers in order to provide adequate coverage during vacations and peak periods.

Consent Agenda Resolution #2010-45authorizing the appointment of

Llonel A. Faura, Jr.as Part-Time Public Safety Telecommunication Operator Trainee.

Consent Agenda Resolution #2010-46authorizing the appointment of Michael Baltazaras Part-time Public Safety Telecommunication Operator Trainee.

  1. Department on Aging
  1. Notice of Retirement of Loretta Albin, Director effective July 1, 2010.

- Receive & File.

  1. Authorization to hire three Omnibus Operators as a result of a NJ Civil Service Commission Certification for the following:
  • Two for the Commuter Shuttle
  • One for the Senior Shuttle

The three candidates are all eligible as per a Civil Service Commission certification. One candidate, Mr. Michael DeRisi, is currently serving in a provisional capacity pending the outcome of the exam and certification. Mr. DeRisi drives one of the Senior Citizen buses for approximately 12 hours per week. Mr. DeRisi has proven to be a valuable asset to the Borough and its transportation of our seniors.